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HomeMy WebLinkAbout05693ORDINANCE NO. 5693 AN ORDINANCE RELATING TO TRANSFER AND ALLOCATION OF FUNDS FROM THE SALES AND USE TAX CAPITAL IMPROVEMENT FUND TO THE SPECIAL AIRPORT IMPROVEMENT FUND HEREBY CREATED, AND ACCEPTING AND APPROVING A DEED OF RELEASE FROM THE FEDERAL AVIATION ADMINISTRATION TO THE CITY OF PUEBLO RELATING TO LAND AT THE PUEBLO MEMORIAL AIRPORT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, THAT; CFrTTON 1• There is hereby appropriated and transferred from the Sales and Use Tax Capital Improvement Fund to a Special Fund hereby created and known as the "Special Airport Improvement Trust Fund - 1991" (herein 'Special Fund') the sum of $88,000.00 being the appraised value of 17.28 acres of land located at Pueblo Memorial Airport to be conveyed to Doane Products Company. The funds in the Special Fund hereby created will not be eligible as City Matching Funds for the development of the Airport under the Federal Airport Improvement Program. CFrTTnN 2- Within five years from the date of this Ordinance, the Funds deposited into said Special Fund hereby created shall be expended on Projects and in priority mutually agreeable to the Federal Aviation Administration and the City of Pueblo for the further development of Pueblo Memorial Airport. CFrTTnN *i. The Special Fund hereby created and this Ordinance shall remain in effect until the Special Fund is expended in accordance with the provisions of Section 2 hereof. SECTION 4: The Deed of Release from the Federal Aviation Administration under date of $ - $'.- q / , is on file in the Office of the City Clerk and is hereby approved and accepted. The President of the City Council is hereby authorized and directed to execute for and on behalf of the City, the Deed of Release with such modifications and changes he and the City Attorney may approve. The City Clerk is authorized and directed to attest same and affix the Seal of the City thereto. gPrTTnN F• This Ordinance shall become effective immediately upon final approval. UYTY CLERK INTRODUCED JULY 8. 1991 BY JOHN CALIFANO COUNCILPERSON APPROV ' � J P OF THE CITY COUNCIL Reception 954735 08/21/1991 DEED OF RELEASE This instrument, -a Deed of Release, made by the United States of America, acting by and through the Federal Aviation Administration, under and pursuant to the powers and authority contained in the provisions of Public Law 81 -311 (63 Stat. 700), as amended, to the City of Pueblo, a body politic under the laws of the State of Colorado, Witnesseth WHEREAS, The United States of America, acting by and through the War Assets Administrator, under and pursuant to Reorganization Plan One of 1947 (12 Fed. Reg. 4534) and the powers and authority contained in the provisions of the Surplus Property Act of 1944, as amended, by instrument entitled "Quitclaim Deed," dated July 20, 1948, and recorded in Pueblo County, Colorado, in book 1074, page 87, did surrender, transfer, remise, release, quitclaim and convey to the City of Pueblo, Colorado, airport facilities commonly known and designated as Public Memorial Airport, subject to certain conditions, reservations, exceptions, and restrictions; and, WHEREAS, The City has requested the FAA to execute a Agreement of Release, whereby it would release the said described property from all the reservations, restrictions, and conditions as set forth in the said Agreement; and WHEREAS, The City intends to dispose of said land free and clear of the reservations, restrictions, and conditions and receive other valuable consideration therefor. NOW THEREFORE, For and in consideration of the above - expressed recitals and of the benefits to accrue to the United States and to civil aviation, the United States of America upon inclusion by the City of Pueblo, Colorado, in the Instrument of Transfer conveying title to the hereinafter described real property of provisions as follows: (1) That the City of Pueblo, Colorado, reserves unto itself, its successors and assigns, for the use and benefit of the public a right of flight for the passage of aircraft in the airspace above the surface of the real property hereinafter described, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of flight in the said airspace, and for use of said airspace for landing on, taking off from or operating on Pueblo Memorial Airport, BOD: 2556 ��.�Y 84 K (2) That the Grantee expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth and other obstructions on the hereinafter described real property to a height of not more than 4,710 feet above sea level, (3) That the Grantee expressly agrees for itself, its successors and assigns to prevent any use of the hereinafter described real property which would interfere with landing or taking off of aircraft at the Pueblo Memorial Airport, or otherwise constitute an airport hazard, hereby releases the said real reservations and restrictions as Instrument of Transfer from the City of Pueblo, Colorado, dated described as follows: property from the conditions, contained in the above - mentioned United states of America to the July 20, 1948, real property is A parcel of land located within the County of Pueblo, State of Colorado to -wit; A parcel of land being a portion of the W 1/2 of Section 29, Township 20 South, Range 63 West of the Sixth Principal Meridian, being more particularly described as follows: Beginning at a point on the apparent southerly right of way line of United Avenue from which the E 1/4 corner of said section 29 bears S 84 -19 -37 E., (bearings based on the east line of the NE 1/4 of said section 29 bears N 00 -02 -28 W) a distance of 3768.80 feet; Thence S 08 -39- 07 E., a distance of 1185.00 feet; Thence N 81 -25 -54 W., a distance of 703.00 feet; Thence N 19 -35 -30 W., a distance of 326.51 feet; Thence along the arc of a curve to the left whose radius is 1040.00 feet, a distance of 90.76 feet; Thence N 24 -35 -30 W., a distance of 380.00 feet to a point on the said apparent southerly right of way line of United Avenue; Thence easterly along said right of way line the following two (2) courses; 1. N 65 -24 -30 E., a distance of 319.40 feet; 2. on the arc of a curve to the right whose radius is 3874.76 feet, a distance of 564.13 feet to the Point of Beginning. Said parcel contains 17.28 acres. 3 BOOT, 2556 PACE $5 3 By its acceptance of this Deed of Release the City of Pueblo, Colorado, covenants and agrees for itself, its successors and assigns, to comply with and observe all of the conditions and limitations hereof, which are expressly limited to the above - described real property. IN WITNESS WHEREOF the United States of American hsas caused this D ed of Release to be executed as of the 9 day of C U� 19 . a J UNITED STATES OF AMERICA By l Acti n§ Manager, Airpor s Division Northwest Mountain Region Federal Aviation Administration Accepted: City o Pueblo, Colorado By itle Michael Occh i a to President of the City Council COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) Subscribed and sworn to before me this 12th day of August, 1991 by Michael A. Occhiato. l, � I ��pUEFi Ir:,, 'commission expires: April 14, 1994. E A Lj V . ary Public r,: �' U 13 L G. �.. R